It is obvious that due to the ban imposed by the Government of India, the aforesaid application bearing the trade mark TikTok cannot be used in India. This would be irrelevant for determining the question of inclusion of the trade mark in the list of well known marks, but, since the said mark is
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Whether appellate court can interfere in decree passed by trial court in absence of cross objection if that decree grants relief to appellant contrary to law?
By Law Web
The powers of an appellate court to interfere with a decree passed by a trial court in the absence of a cross-appeal or cross-objection are governed by specific legal principles under the Code of Civil Procedure.
General Rule: No Interference Without Cross-Appeal or Cross-Objection
As a general principle, an appellate court cannot disturb a decree …
Jurisprudential Framework for State Criminal Procedure Amendments: The Chaurasia Precedent
By Law Web
The Allahabad High Court’s decision in Sudhir Kumar Chaurasia v. State of U.P. Neutral Citation No. – 2025:AHC-LKO:34988.establishes crucial jurisprudential principles that extend far beyond the
specific context of NDPS anticipatory bail restrictions in Uttar Pradesh. This
landmark judgment creates a comprehensive analytical framework for determining
the fate of state amendments to criminal procedure …
Allahabad HC: Anticipatory Bail Application U/S. 482 BNSS Maintainable Even For NDPS Offences In UP
By Law Web
Upon applicability of aforesaid judgments, it is evident that by virtue of Section 6 of the General Clauses Act, a different intention to continue the repealed provisions is required to be specifically stated in the subsequent enactment, failing which, the provisions of proviso to Article 254(2) would be applicable whereby in case of any repugnance or difference with subsequent enactment, …
Anticipatory Bail Under BNSS 2023: Superseding of Maharashtra Amendment
By Law Web
Current Legal Position on Anticipatory Bail
The legal landscape regarding anticipatory bail has undergone significant changes with the enactment of the Bharatiya Nagarik Suraksha Sanhita (BNSS) 2023, which came into effect on July 1, 2024. Here’s the current position:
Maharashtra Amendment No Longer Applicable
The Maharashtra amendment to Section 438 CrPC is no longer…
Supreme Court: Order 41 Rule 33 no doubt clothes the appellate court with an extraordinary power, which however is a rare jurisdiction
By Law Web
We may also observe that reference made to Order 41 Rule 33 of the Code of Civil Procedure may not have been justified. Order 41 Rule 33 no doubt clothes the appellate court with an extra ordinary power, which however is a rare jurisdiction. It is to reach justice in the special facts of a case. …
Judicial Surgery: Cutting Through Complex Decree Components
By Law Web
Courts must apply a systematic
analytical framework to determine whether decree components are independent and
separable or joint and inseverable. This determination has significant
implications for appellate jurisdiction and the ability to modify decrees
without cross-appeals.
Constitutional Framework: The Sardar
Amarjit Singh Kalra Test
The Supreme Court established a
comprehensive four-point test for
decree classification…
Supreme Court: Whether the court should abate a proceeding for death of some of parties where parties having separate rights have jointly filed any proceeding?
By Law Web
Order 41, Rule 33 of CPC: Extraordinary Appellate Power and Its Limitations
By Law Web
Based on the discussion of separable
decrees in Banarsi v. Ram Phal AIR2003SC1989,(2003)9SCC606, and
the established legal framework, Order 41, Rule 33 of the Code of Civil
Procedure represents one of the most significant provisions governing appellate
court authority, yet its application is strictly circumscribed by judicial
precedent.
Statutory Framework of Order 41, Rule
33…
Restricting Appellate Modification of Decrees Without Cross-Appellate Objection: Analysis of Banarsi v. Ram Phal
By Law Web
The landmark Supreme Court of India
case of Banarsi And Others v. Ram Phal (2003) 9 SCC 606 established crucial limitations
on the power of appellate courts to modify decrees in the absence of
cross-appeals or cross-objections. This case provides significant guidance on
the boundaries of appellate jurisdiction under the Code of Civil Procedure…